In re Watson, No. D055404

Petition for habeas relief by a defendant convicted of murder and related crimes is granted and his sentence is reversed in part and remanded where: 1) defendant's claim of sentencing error is timely as defendant has shown good cause for any delay in seeking habeas corpus relief based on Cunningham and Apprendi; and 2) defendant's upper term sentences for kidnapping and two firearm use enhancements violated the rule set forth in Apprendi. 

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Appellate Information

Filed February 1, 2010

Judges

Opinion by Judge McIntyre

Counsel
For Appellant:   Todd William Burns

For Appellee:  Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Anthony Da Silva, Deputy Attorney General